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01-23 Resolution No. 11473 RESOLUTION NO. 11473 RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 1550 78TH STREET EAST WHEREAS , an application has been filed with the City of Richfield which requests approval of a rezoning, final development plan, and conditional use permit for a planned unit development to allow construction of a three-story automobile dealership at 1550 78th Street East, property legally described in the attached Exhibit A; and WHEREAS , the Planning Commission of the City of Richfield held a public hearing to consider the requested rezoning, conditional use permit, and final development plans on October 23, 2017; WHEREAS , notice of the public hearing was mailed to properties within 350 feet of the subject property on October 5, 2017 and published in the Sun-Current on October 10, 2017 and; and WHEREAS , on October 23, 2017, the Planning Commission recommended denial of the applications by a vote of 3 to 1 finding that the proposal did not meet requirements; and WHEREAS , the applicant revised plans to address a number of identified deficiencies and submitted revisions to the City on December 22, 2017; and WHEREAS, the City Council conducted a first reading of the requested amendment to Appendix I of the City Code to rezone the Property and considered the application for a conditional use permit and final development plans for a planned unit development on January 9, 2018; and WHEREAS, the City Council approved a first reading of the requested rezoning upon finding that, with stipulations identified by the City Council at the meeting on January 9, 2017, the conditions specified in Richfield Zoning Code Section 542.09, Subd. 3 for approving a planned unit development would be met by the revised (December 22, 2017) plans; WHEREAS , the revised (December 22, 2017) request meets those requirements necessary for approving a conditional use permit as specified in Richfield’s Zoning Code, Section 547.09, Subd. 6 and as detailed in City Council Staff Report No. 22; and WHEREAS , the City has fully considered the request for approval of a planned unit development, final development plan and conditional use permit and has now reached a decision which it believes is in compliance with the law and is in the best interest of the community. NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Richfield, Minnesota, as follows: WHEREAS 1. The City Council adopts as its Findings of Fact the clauses set forth above and the Required Findings outlined in the attached Exhibit B. 2. A planned unit development, final development plan and conditional use permit are approved for an automobile dealership as described in City Council Report No. 22, on the Subject Property legally described in Exhibit A. 3. The approved planned unit development, final development plan and conditional use permit are subject to the following conditions:  A recorded copy of the approved resolution must be submitted to the City prior to the issuance of a building permit.  This approval does not constitute approval of any signs; sign permits are required and must be submitted separately.  Plans must be revised to include an improved direct public entrance from 77th Street to a 77th Street-facing door subject to approval by the City’s Community Development Director.  Maximum height of retaining walls and required guard rails may not exceed 36” along the 77th Street sidewalk. Variation of this requirement may be approved by the Community Development Director if the design does not negatively impact pedestrian experience along 77th Street. Retaining walls must meet clear zone requirements of the Public Works Department.  Site lighting must meet Code requirements after normal operating hours or 9:00 p.m. (whichever is earlier). Lighting, as proposed, is acceptable during operating hours.  Impervious surface limits may not be exceeded unless alternative environmentally-friendly system installed (e.g. green roof or roof-top solar array).  While not a legal requirement, applicant should acknowledge their desire to continue exploring options for addressing any future issue related to loss of access for the adjacent property at 1600 78th Street East).  All new utility service must be underground.  All utilities must be screened from public view.  Final 77th Street pedestrian lighting plan must be approved by the Public Works Director. A Maintenance Agreement related to lighting must be recorded prior to the issuance of a Certificate of Occupancy.  Final landscaping plans must be approved by the Directors of Public Works, Community Development and Mn-DOT (where applicable). Full site irrigation, including boulevards, is required.  The property owner is responsible for the ongoing maintenance and tending of all landscaping in accordance with approved plans.  A Construction and Maintenance Agreement must be recorded prior to the issuance of a final Certificate of Occupancy. • The applicant is responsible for obtaining all required permits, compliance with all requirements of the City's Administrative Review Committee, and compliance with all other City and State regulations. • Minnesota Department of Transportation review required. Applicant must obtain all required permits for work in State right-of-way. • Final stormwater management plan must be approved by Public Works Director. Infiltration not allowed in high-vulnerability wellhead protection area. • Prior to the issuance of an occupancy permit the developer must submit a surety equal to 125% of the value of any improvements not yet complete. • As-builts or $7,500 cash escrow must be submitted to the Public Works Department prior to issuance of a final certificate of occupancy. 4. The approved planned unit development, final development plan and conditional use permit shall expire one year from issuanceunless the use for which the permit was granted has commenced, substantial work has been completed or upon written request by the developer, the Council extends the expiration date for an additional period of up to one year, as required by the Zoning Ordinance, Section 547.09, Subd. 9. 5. The approved planned unit development, final development plan and conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of January, 2018 • Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk EXHIBIT A The North 180.26 feet of the West 490 feet of the South ½ of the Southeast Quarter of the Southeast Quarter; That part of the West 330 feet of the South ½ of the Southeast Quarter of the Southeast Quarter lying South of the North 180.26 feet thereof; All in Section 35, Township 28, Range 24. Hennepin County, Minnesota Exhibit B Required Findings Part 1: The following findings are necessary for approval of a PUD application (542.09 Subd. 3): 1. The proposed development conforms to the goals and objectives of the City’s Comprehensive Plan and any applicable redevelopment plans. The property is designated as Regional Commercial in the Comprehensive Plan and is within the I-494 Corridor Master Plan area. The proposed plans meet the following objectives of these plans: a. The proposal is for a regional commercial uses that will attract users from throughout the Twin Cities area; b. The proposal is economically viable; c. The proposal improves walkability and provides public art in order to make the area more unique and interesting; d. The proposed building fronts 77th Street and will provide an entry and interesting shop windows and seating areas adjacent to a major pedestrian pathway; and e. The proposed use will reduce surface parking adjacent to 77th Street. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. This requirement is met. 3. The development is in substantial conformance with the purpose and intent of the guiding district, and departures from the guiding district regulations are justified by the design of the development. The proposed development is consistent with the following desires for the Mixed Use Districts: a. The proposal adapts to existing/anticipated market and transportation changes; b. The proposal provides appropriate transitions between uses; c. The proposal provides greater pedestrian and bicycle access and connections; d. The proposal is well-landscaped and provides attractive public and private spaces with a pedestrian and bicycle-friendly character and environment by minimizing surface parking and enhancing the pedestrian corridor with a building that is pulled up to 77th Street and includes attractive street level architecture; and e. The proposal includes high quality architectural design and materials. 4. The development will not create an excessive burden on parks, schools, streets or other public facilities and utilities that serve or area proposed to serve the development. The Public Works Department has reviewed the proposal and that adequate services are or will be available. 5. The development will not have undue adverse impacts on neighboring properties. No undue adverse impacts are anticipated. 6. The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest. This requirement is met. Part 2: All uses are conditional uses in the PC-2 District. The findings necessary to issue a Conditional Use Permit (CUP) are as follows (Subd. 547.09, Subd. 6): 1. The proposed use is consistent with the goals, policies, and objectives of the City’s Comprehensive Plan. See above: Part 1, #1. 2. The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The purpose of planned unit development regulations is to provide an opportunity for innovative and creative development, while assuring that the development will complement existing neighborhood character. The proposed development meets the objectives identified in Part 1, #3 above and the Council finds that flexibility available through a planned unit development is warranted. 3. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. The design improves upon the existing building in many ways, including moving the building up to 77th Street. 4. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. The proposal will be more compliant with a number of performance standards. The Council finds that those not met are justified by the overall development. 5. The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. The Public Works Department has reviewed the proposal and adequate services are or will be available. 6. The use will not have undue adverse impacts on the public health, safety, or welfare. No undue adverse impacts are anticipated. 7. There is a public need for such use at the proposed location. The proposal will increase the City’s tax base, provide additional jobs, and create opportunities for partnerships with Richfield schools. 8. The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met.